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(영문) 서울중앙지방법원 2016.11.30 2016고단7148
특수상해
Text

A defendant shall be punished by imprisonment for not more than ten months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Around 08:45 on 28, 2016, the Defendant: (a) performed physical fighting with the victim D (20 years of age) (a) who was known to and was engaged in drinking together with the victim E (20 years of age) in Gangnam-gu Seoul, Seoul, on the ground that the said D, while drinking together with the victim E (20 years of age), he was able to take a bath for the Defendant; (b) the number of backs of the said D on the table was 1 time due to the beer’s disease on which he was on the table, and (c) the said E took a bath while said E took a bath at the end of the Defendant’s face, and (d) said E took one time as a beer’s disease.

As a result, the Defendant carried dangerous objects and carried them a 21-day medical treatment for the above D, 21-day medical treatment, and 21-day medical treatment for the above E.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and D;

1. Application of Acts and subordinate statutes to an investigation report (verification of an injury diagnosis report);

1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act (i.e., reflects the fact of violation, the fact that the defendant has no criminal record of imprisonment or heavier, and other overall circumstances, such as the age, character and conduct

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